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PROTEST  OF  N.    C.    AGAINST  THE  HOPKVELL  TREATY 


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THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 
NORTH  CAROLINIANA 


Cp970.03 

N87g 

C.2 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00032203918 


This  book  must  not 
be  token  from  the 
Library  building. 


2l8t.  CONGRESS.  1ST.  SESSION 

PROTEST 
^  OP 

NORTH  CAROLIHi'i   AGAINST 
THE 
HOPE'^LL  TREATY  WITH   THE   GHEROKEES 
MAKGH    29,1830 


EXTRACTS  FROM  THE  JOURNAL  OP  THE 
GENERAL  ASSEMBLY  0^'   N.C.PROM  GOVEHNB 
GRO'flfFLL'v'^  MESSAGE  NOV. ib,  1786. 


-*- 


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ijlst  Congress,  m    ^  f  /OS  J 

1*^  Session.        .  ^  ^^ 


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PROTEST 

OF 

NORTH    CAROLINA 

Against  the  Hopewell  treaty  with  the  Cherokees^  S,'c. 


March  29,   1830. 
Laid  on  the  table  by  Mr.  White,  and  ordered  to  be  printed. 


Extracts  from  the  Journals  of  the  General  Assembly  of  North  Carolina, 
at  their  Session  commencing  November  18,  1786. 

Extract  from  Governor  Caswell's  message. 

I  The  treaties  entered  into  by  Commissioners,  under  the  authority  of  Con- 
gress, with  the  Indians  of  the  Cherokee  and  Chickasaw  nations,  are  so 
inconsistent  with  the  legislative  rights  of  this  State,  and  such  an  infringe- 
ment on  the  Constitution,  that  I  flatter  myself  they  will  not  be  passed  over 
unnoticed  by  you. 

Extract  from  the  Journal  of  the  House  of  Commons,  Jan.  6,  1787. 

The  House  resumed  the  consideration  of  the  report  of  the  committee  on 
sundry  papers  respecting  Indian  treaties,  &c. ;  which  being  read  and  amend- 
ed, was  concurred  with  in  the  following  words,  viz: 

Your  committee,  to  whom  was  referred  sundry  papers  respecting  Indian 
treaties  and  Indian  affairs,  beg  leave  to  report,  That  they  have  examined 
with  attention  the  papers  to  them  relerred,  and  they  find  that,  by  the  trea- 
ties entered  into  between  the  Commissioners  appointed  by  the  United  States 
to  treat  with  the  Southern  Indians,  and  the  Cherokee  and  Chickasaw  In- 
dians, at  Hopew'>ll,  ontheKeowee,  the  Commissiontrs  of  the  United  States 
have  allotted  to  the  said  Indians  certain  lands  as  their  hunting  grounds, 
which  are  obviously  within  the  jurisdiction  ot  this  State,  being  North  of  the 
boundary  established  by  law  between  the  citizens  and  Indians,  and  a  great 
part  of  which  is  for  a  valuable  consideration  sold  to  our  citizens,  some  of 
whom  are  now  actually  living  thereon. 

Your  committee  observe,  that  the   Commissionefs  having  only  allotted 

these  lands  to  the  Indians  as  their  hunting  grounds,   the  treaty  doth   not 

thereby  annul  the  title  of  those  who  hold  under  our   laws,  but   has  clogged 

^  it  in  a  manner  different  from  the   intentions  of  the  Legislature,  and  which 

vi   does,  in  effect,  suppose  aright  in  the  United  States  to  interfere  with  our  le- 

"^^  gislative  rights,   which  is  inadmissible. 


Your  committee,  thereum).n,  ^pommend  that  the  delegates  of  this  State 
in  Congress  be  instructed  ta^  sii^  our  rights  to  the  lands  in  question  to  the 
United  States  of  America  in  Congress  assembled;  to  obtain  a  disavowal  of 
the  treaties  so  far  as  they  effect  the  same;  and,  if  the  same  should  be  per- 
sisted in,  which  your  committee  cannot  suppose  from  the  known  rectitude 
and  wisdom  of  Congress,  that,  finally,  they  formally  protest  against  the  same. 

A.  MACLAINE,  Chairman. 

On  the  same  day  the  following  joint  resolutions  were  adopted  by  both 
Houses,  viz: 

Resolved,  That  this  General  Assembly  conceive  the  said  treaty,  so  far  as 
it  relates  to  ceding  to  the  Indians  certain  lands  within  the  bounds  or  limits' 
of  this  State,  is  clearly  an  infringement  of  the  legislative  and  territorial 
rights  of  the  same,  as  set  forth  in  the  Constitution  of  the  State,  and  therefore 
cannot  be  conceded  to. 

Resolved,  That  it  is  the  sense  of  this  General  Assembly  that  this  State 
has  an  indefeasible  right  to  a  considerable  part  of  the  lands  ceded  by  the 
said  treaty  to  the  Indians,  which  right  was  obtained  by  purchase  from  the 
natives;  and  that  even  Congress  are  not  libert)^  to  dispose  of  any  part  of  the 
same,  by  treaty,  sale,  or  exchange. 

Resolved,  as  the  opinion  of  this  General  Assembly,  That  the  exclusive 
privilege  granted  by  the  Confederation  to  the  United  States  in  Congress  to 
decide  on  peace  and  war,  was  never  meant  or  intended  to  authorize  the  ces- 
sion of  any  part  of  the  territory  of  the  individual  States  in  the  Union,  as 
described  and  ascertained  by  their  several  ancierxt  charters:  And  whereas 
many  of  the  citizens  of  this  State  have  obtained  from  the  same  titles  to 
lands  on  the  waters  of  the  Mississippi,  and  some  of  them  already  reside 
thereon,  who  must  necessarily  be  greatly  injured  should  thfey  be  compelled 
to  remove  with  their  families  therefrom:  And  whereas  by  the  express 
words  of  the  said  treaty,  they  are  declared  out  of  the  protection  of  the 
United  States,  if  they  do  not,  in  a  limited  time,  leave  their  habitations  and 
retire  out  of  the  ceded  bounds:  And  whereas  the  said  treaty,  should  it  be 
carried  into  effect,  would  deprive  the  officers  and  soldiers  of  the  late  continen- 
tal line  of  this  State  of  a  great  part  of  the  bounty  of  lands  allowed  them  by 
the  General  Assembly  as  a  reward  for  military  services  in  bringing  about 
our  glorious  Revolution:  it  was  promised  to  them;  became  a  debt  of  justice 
and  gratitude,  and  was  almost  the  only  recompence  the  State  had  to  give  to 
those  hardy  veterans,  who  spent  their  time  and  shed  their  blood  in  the  service 
of  their  country:  the  honor  of  the  State  was  pledged  to  secure  their  rights, 
and  it  would  be  highly  unjust  to  snatch  the  boon  from  them  when  no  equiva- 
lent is  obtained  to  the  United  States:  And  whereas  it  is  impracticable  for 
many  of  the  citizens  of  this  State,  who  have  settled  themselves  within  the 
limits  of  the  said  cession,  to  remove  agreeably  to  the  tenor  of  the  said  trea- 
ty, and  must,  therefore,  be  exposed  to  the  cruelty  and  rage  of  the  merciless 
savages: 

Resolved,  therefore,  That  the  delegates  from  this  State  in  Congress  be  in- 
structed to  oppose  the  ratification  of  the  said  treaty  in  the  most  explicit  and 
decided  terms;  and,  in  case  the  same  should  take  effect,  (which,  from  the 
known  rectitude  and  wisdom  of  Congress,  cannot  be  supposed,)  to  enter 
thereto  the  formal  protest  of  this  State. 


3     ^  [  108  ] 

EXTRACTS  FROM  THE  LETTER  BOOKS  IN  THE  OFFICE  OF  THE  EXECUTIVE 

OF  NOUTH  CAROLINA. 

Extract  of  a  letter  from  the  Governor  to  JVilliam  Blount. 

North  Carolina,  Kinston,  3d  September ^  1785. 

Sir:  Herewith  you  will  receive  a  commission,  appointing  you  agent  for 
this  State  to  attend  ihe  treaties  to  be  held  by  Commissioners  appointed  by 
Congress  with  the  Cherokee  and  other  Southern  Indians. 

I  am  therefore  to  request  you  will  repair  to  Galphinton,  in  the  State  of 
Georgia,  in  lime  to  be  present  at  the  treaty  to  be  held  by  the  said  Commis- 
sioners there  with  the  Creek  Indians,  on  the  third  Monday  in  September, 
instant;  and  from  thence,  after  the  business  of  the  treaty  being  completed, 
you  will  proceed  to  the  treaty  to  be  held  on  Keowee,  in  the  State  of  South 
Carolina;  at  each  of  which  treaties,  as  the  representative  or  agent  of  the 
State,  you  will  be  pleased  to  use  your  best  endeavors  to  advance  the  inte- 
rests of,  the  State,  and  prevent  any  encroachment  upon  the  territory  or  liber- 
ties of  the  same. 


From  William  Blount  to  Governor  Caswell. 

Augusta,  November  llM,  1785. 
Sir:  On  the  ninth  instant  the  Continental  Commissioners  left  Galphinton, 
without  holding  a  treaty  with  the  Creek  Indians,  after  having  waited  there 
seventeen  days  for  the  kings,  head  men,  and  warriors,  of  that  nation  to  make 
their  appearance;  during  which  time,  only  the  kings,  &c.  of  two  tribes  ap- 
peared: each  attended  with  about  twenty  Indians  of  their  respective  towns. 
Although  no  treaty  was  entered  into,  the  Commissioners  of  Congress,  soon 
after  their  arrival  at  Galphinton,  showed  to  the  agents  on  the  part  of  the 
States  of  North  Carolina  and  Georgia  the  draft  of  the  treaty  they  meant  to 
propose  to  the  Indians;  against  which,  the  agenis  on  the  part  of  the  State  of 
Georgia  entered  a  formal  protest,  because,  in  their  opinion,  the  proposed 
treaty  tended  to  deprive  their  State  of  a  part  of  her  soil  and  sovereignty. 
To  this  protest  the  Commissioners  of  Congress  gave  a  written  answer,  from 
which  the  following  is  an  extract:  "  We  find,  moreover,  that  the  several 
Indian  nations  have  uniformly,  both  before  and  since  the  Revolution,  been 
treated  with  as  free  and  independent  peojjle,  and  the  sole  proprietors  of  the 
soil,  until  any  part  of  it  is  fairly  and  willingly  purchased  from,  or  relin- 
quished by,  them;  that  the  protection  and  guardianship  of  these  their  rights, 
which  were  universally  allowed  to  have  been  in  the  King  of  Great  Britain, 
are  now  devolved  upon,  and  vested  in,  the  Congress  of  the  United  States, 
which  they  have  exercised  before  as  well  as  since  our  Independence,  and 
very  early  divided  the  executioii  of  this  trust  into  three  districts — the 
Northern,  Middle,  and  Southern." 


From  JVilUam  Blount,  Esq.  to  Governor  Caswell. 

PcNEY  Grove,  March  1,  1786. 

Sir:  On  the  11th  day  of  November  I  had  the  honor  to  address  a  letter  to 
your  Excellency,  from  Augusta,  informing  j^ou  that  the  Creek  Indians  had 
not  acceded  to  the  propositions   of  the  Continental  Commissioners  to  meet 


[  108  ]  -  4 

them  at  Galphinton  to  form  a  treaty,  which  I  presume  you  have  received. 
Since  that  period,  the  Cherokees,  Choctaws,  and  Chickasaws  have  met  them 
at  Hopewell,  on  Keowee,  and  formed  treaties  very  prejudicial  to  the  State 
of  North  Carolina.  That  with  the  Cherokees  was  completed  and  signed 
November  28,  a  copy  of  which  is  contained  in  the  book  you  will  receive 
herewith,  as  is  every  other  necessary  copy  that  respects  either  of  the  above- 
mentioned  treaties.  Those  with  the  Choctaws  and  Chickasaws  were  signed 
on  the  5th  and  10th  of  January,  and  are  the  same  as  the  Cherokee  treaty, 
except  the  third  article,  which  establishes  their  respective  boundaries.  I 
thought  it  unnecessary  to  protest  agahist  the  treaty  with  the  Choctaws,  be- 
cause they  claimed  no  part  of  the  lands  lying  within  the  chartered  limits  of 
the  State  of  North  Carolina.  The  State  of  Georgia  appointed  three  agents 
to  attend  the  treaties  to  be  held  by  the  Continental  Commissioners,  of  which 
the  present  Governor  was  one;  and  they  protested,  as  well  at  Hopewell  as 
at  Galphinton,  against  the  right  of  the  Commissioners  to  treat  with  any  In- 
dians resident  within  the  limits  of  their  State. 


Fro)/i  William  Blount^  Esq.  to  the  United  States'  Commissioners. 

Hopewell,  on  Kiowee,  November  22,  1785. 

Gentlemen:  Having,  yesterday,  had  the  honor  to  lay  before  you  my 
commission,  appointing  me  agent  on  the  part  of  the  State  of  North  Carolina, 
I  now  consider  it  my  duty  to  lay  before  you  the  following  extract  from  the 
Constitution  of  that  State,  which  was  agreed  to  in  full  convention  at  Halifax, 
on  the  18th  of  December,  1776;  [He  here  recites  the  article  declaring  the 
boundaries  of  the  State.]  and  to  remark  to  you,  that,  years  after  the  forma- 
tion and  publication  of  the  aforesaid  Constitution,  the  State  of  North  Caro- 
lina entered  into  and  signed  the  Articles  of  Confederation,  by  which  she  has 
fiot  given  up  to  the  United  States  any  part  of  the  soil  described  in  the  afore- 
said Constitution,  nor  the  sovereignty  thereof. 
I  have  the  honor  to  be. 

Your  most  obedient  humble  servant, 

WILLIAM  BLOUNT, 
Jigent  for  the  Slate  of  North  Carolina. 

Benjamin  Hawkins,   ^  ^  .    ,  •  ^    .^  .      .     ..7  .,    /^, 

Andrew  Picfexs  I  ^ommissione7^s,  appointed  totreat  with  the  Che?-- 

Tncr-T^rr  M^oT.T^r    '         c     otceBS,    uiid   all  ifiidians  Southward  of  them 

JOSEPH  iVlARTIN,  ,'  -ir-      ji.       tt    -j     i    ci    ^ 

Lachlin  M'Intosh,     J      ^'^^'^^  ^^^  ^'"^^^  ^^«^^*- 


From  William  Blount,  Esq.  to  the  Commissioners,  S^c. 

Hopewell,  on  Keowee,  November  28,  1785. 

Gentlemen:  The  State  of  North   Carolina  have  at  this  time  a  law  in 
force  and  use,  allotting  the  lands  contained  within  the  following  bounds  to 


5  r  108  ] 

the  Cherokee  Indians,  beginning  on  the  Tennessee  River,  where  the  Southern 
boundary  of  the  State  (of  North  Carolina)  intersects  the  same,  nearest  the 
Chickamaga  Towns;  thence,  up  the  middle  of  the  Tennessee  and  Holston 
Rivers,  to  the  middle  of  French  Broad  River;  thence,  up  the  middle  of  the 
said  French  Broad  River,  (which  lines  are  not  to  include  any  island)  to  the 
mouth  of  Big  Pidgeon  River,  then  up  the  same,  to  the  head  thereof;  then 
along  the  dividing  ridge  between  the  waters  of  Pidgeon  River  and  Tucka- 
seegee  River,  to  the  said  Southern  boundary;  thence  West,  with  the  said 
botrndary,  to  the  beginning. 

Should  you  by  treaty  fix  any  other  boundaries  within  the  limits  ot  the 
said  State  of  North  Carolina,  between  the  said  Cherokee  Indians  and  her 
citizens,  that  State  will  consider  such  treaty  as  a  violation  and  infringement 
of  her  legislative  and  constitutional  rights.  The  lands  contained  within  the 
limits  of  Davidson  county,  which  begins  on  Cumberland  river,  where  the 
northern  boundary  of  the  State  of  NorLh  Carolina  first  intersects  the  same, 
then  south  fifty-five  geographical  miles,  then  west  to  the  Tennessee  river, 
then  down  the  said  river,  until  the  said  river  intersects  the  said  northern 
boundary,  then  east  with  the  said  boundary  to  the  beginning,  have  been  ap- 
propriated by  the  State  of  North  Carolina  to  the  payment  of  the  bounties  of 
land  promised  to  the  officers  and  soldiers  of  the  continental  line  of  that  State. 
It  is  said  the  militia  of  that  county  are  in  number  seven  hundred,  and  the 
State  of  North  Carolina  have  sold  and  granted  to  sundrv  citizens,  for  a  valua- 
ble consideration,  several  millions  of  acres  of  land,  situate,  lying,  and  being 
between  the  Mississippi  and  the  line  fixed  by  Col.  Christie  and  ethers  in  the 
year  1777,  and  without  the  limits  of  Davidson  county,  and  on  which  lands 
several  thousands  of  people  are  settled. 

I  am  your  most  obedient  humble  servant, 

WM.  BLOUNT,  ^gent 
For  the  State  of  North  Carolina. 


Benjamin  Hawkins, 
Andrew  Pickens, 
Joseph  Martin  & 
Lachlin  M'Intosh, 


Esquires,  ConiTnissioners,  appointed  to  treat 
with  the  Cherokees,  and  all  other  Indians 
southward  within  the  limits  of  the  U.  States. 


The  underwritten  Agent  on  the  part  of  the  State  of  North  Carolina,  pro- 
tests against  the  treaty  at  this  instant  about  to  be  signed  and  entered  into 
between  Benjamin  Hawkins,  Andrew  Pickens,  Joseph  Martin,  and  Lachlin 
M'Intosh,  Commissioners  on  the  part  of  the  United  States  of  America,  and 
the  Cherokee  Indians  on  the  other  part,  as  contain-ng  several  stipulations 
that  infringe  and  violate  the  legislative  rights  of  that  State.  Done  at  Hope- 
well, on  Keowee,  November  28th,  1785. 

WM.  BLOUNT. 


HoPEWEiL  ON  Keowee, 

Januai-y  10th,  1786. 

Gentlemen:  I  beg  leave  again  to  call  your  attention  to  my  letters  of  the 
22d  and  28th  of  November,  and  again  to  assure,  that,  should  you  by  treaty 
£x  any  bounds  between  the  citizens  of  North  Carolina  and  any  nation  of  In- 
dians within  the  limits  of  said  Statt?,  as  declared  in  her  constitution  and  biJt 


C  108  ] 


6 


of  rights,  or  allot  any  lands  to  any  nation,  tribe,  or  town  of  Indians,  to  live  oi* 
hunt  on  within  the  said  limits,  the  said  State  shall  and  will  consider  such 
treaty  or  allotment  a  violation  of  her  constitutional  and  legislative  rights. 

I  have  the  honor  to  be, 
Yours,  &c. 

WM.  BLOUNT,  Agent 
For  the  State  of  North  Carolina. 


Benjamin  Hawkins, 
Andrew  Pickens, 
Joseph  Martin  & 
Lachlin  M'Intosh, 


>  Esquires,  Commissioners ^  Sj-c.  8fc. 


The  underwritten  Agent  for  the  State  of  North  Carolina  protests  against 
the  treaty  on  this  day  about  to  be  entered  into  between  Benjamin  Hawkins, 
Joseph  Martin,  and  Andrew  Pickens,  Commissioners  on  the  part  of  the 
United  States  of  America,  and  the  Chickasaw  Indians  on  the  other  part,  be- 
cause it  contains  stipulations  which  infringe  and  violate  the  constitutional 
and  legislative  rights  of  that  State,  Done  at  Hopewell,  on  Keowee,  January 
10th,  1786. 

WM.  BLOUNT. 


' 


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